Postmates is a delivery service that allows customers to purchase food and meals from stores and have it delivered to them. These restaurants sign contracts with the third-party app, and both make a profit. The issue is that Postmates is not the best screening service and it has not historically taken the sides of its customers, some of whom are victims. It is not unheard of for Postmates drivers to attack their victims when they drop food off. Sexual assault is common and it should be addressed by Postmates – necessary measures should be taken to ensure that the drivers are punished and the victims are given rightful restitution. In the event that you were sexually assaulted by a Postmates driver, you should get in touch with the Downtown LA Law Group. We have a team of Postmates sexual assault lawyers who can handle your claim for you and ensure that you are fairly represented.
What is Postmates?
Postmates is a third-party food delivery service that allows users to order meals from restaurants that usually do not provide their own delivery options. The companies take up a partnership with the app and allow ordinary individuals the opportunity to earn income with their own schedule and work hours. The issue with Postmates is primarily in the hiring process, which is notoriously lax and not very thorough.
Other apps and services often involve drivers and other passengers, and the background checks and process are more meticulous. However, Postmates does not have its drivers interact with customers for very long. The background check covers a criminal background and DMV history, but it has a period of time that allows for expiration. Postmates is also notorious for allowing almost anyone to drive, irrespective of their driving history.
What is sexual assault?
Sexual assault is an assault and battery tort that is simply sexual in nature. There is no specific section of the law carved out for sexual assault itself like thee is for sexual molestation. Sexual battery involves the victim being touched or abused while restrained or held down or being touched against her will. Further, the perpetrator must have committed the act with the intention of gaining arousal or sexual gratification of some kind.
The degree of force and level of injury or physicality will determine the criminal level of the act. Misdemeanors may include unwanted touching and groping, while felonies can include rape and coercion.
How are Postmates drivers sexually assaulting victims?
Postmates drivers genrally gain access to apartment complexes and properties when they alert the customer to the presence of their food. Many Postmates drivers park in front of the house and let the customer come down, but others pull in and walk right up to the door. This is very dangerous due to the lack of warning and escape room that a victim has. It is also not uncommon for Postmates drivers to scope a house they delivered to in order to determine when the victim is alone.
The drivers may force their way into the house and physically harm the victim by slapping, punching, or choking them. They may assault them with touches, fondling, rape, and other acts of violence. After, the driver may simply leave and continue his route, or he may even have turned the app off so that he could not be traced.
Is Postmates liable for sexual assault?
Although Postmates and other apps do not believe they are liable for the actions of their drivers, California laws made it so that they are accountable in accidents and other incidents. The drivers must all pass background checks, for instance, and if a driver is hired despite having a violent history, the company can be acutely blamed for the ensuing attack. The driver should not have had a job, and therefore, should not have had the opportunity to commit the assault.
In order to prove that you were sexually assaulted and that Postmates is liable, you will need to prove negligence. Negligence can be proven by showing these four points: that you were owed a duty of care that was breached in some way, and that the breach of duty led to an incident that resulted in actual physical harm.
We feel that you should follow these steps to secure a good base for your lawsuit and have a solid foundation for a claim:
Firstly, go to the doctor for medical treatment. You should not wait too long, as a large gap between the incident and the treatment can be a red flag to the insurance agency. When you’re at the doctor, get copies of the medical report, the treatment, and any receipts from your payment. Take photos of the damages you suffered and request that the doctor give you his notes.
You should contact the police to get a criminal investigation started or to pick up the driver for questioning.
To locate the driver, consult your app history. You can screenshot the delivery, which will have the driver’s name and license plate present. This is crucial evidence that you should not misplace or delete.
If you can acquire any eyewitness testimony, you should get it. This may be as simple as someone seeing the Postmates driver pull into your apartment complex, or it can be someone who witnessed the assault in its ending stages.
You may be able to acquire video evidence, like surveillance footage or security camera footage, if you live in a gated community or apartment building with specific access.
You should file a complaint and incident report with Postmates so that they know the incident happened and that you are taking appropriate actions.
Upon securing this evidence, it is wise for you to hire a Postmates sexual assault attorney to handle your case. You may not have any legal experience at all, and if you try to deal with the claim by yourself, you may find yourself lost or stuck. We will litigate your claim for you and ensure that you receive the closure and compensation you deserve. you can focus on healing and returning to your life in the meantime.
What is the statute of limitations to sue Postmates for sexual assault?
California has a 2 year limit on filing personal injury claims. This statute of limitations allows both parties enough time to gather their evidence and take action. If you do not sue by the time the 2 years is up, you will be unable to collect any compensation for your injuries. It is crucial that you act quickly so that your evidence remains intact.
There are situations in which you can extend the statute of limitations. This may happen if you were under 18 years old at the time of the incident or if the driver has left the state for a period of time. You can speak with a sexual assault lawyer to determine if your lawsuit’s statute of limitations can be extended. Many individuals fail to file their claims on time and even more are unaware that a time limit exists. Our attorneys will gladly assist you with your Postmates sexual assault lawsuit.
How much can I win in a Postmates sexual assault lawsuit?
The value of your Postmates sexual assault claim will depend greatly on the level of damages you suffered and how much proof you have on hand. The insurance agent will look over your evidence and make an offer, which will likely be quite low – we will then have to negotiate a better deal. Our goal is to bring you maximum coverage for the following:
- Medical expenses for any physical damages you suffered
- Lost income from the time you were unable to go to work
- Property damage if any of your personal items were broken or needed to be fixed or replaced
- Pain and suffering damages to account for mental trauma, emotional distress, anxiety, fear, PTSD, and more
We will stop at nothing to secure you every penny you deserve. Call our Postmates sexual assault lawyers today.
The Best Firm Around
The Downtown LA Law Group has been handling Postmates sexual assault claims for years. We know that the app has drivers on it who believe they are above the law and who routinely harm others while they work or after they get off the job. We aim to punish the perpetrators and ensure that all victims are compensated. Our team of aggressive lawyers is well known for its history of success ad for the hundreds of millions of dollars we recovered for our clients over the years.
For a free legal consultation with a skilled lawyer, reach out to our firm today. We will walk you through the legal process, answer all of your necessary questions, and tell you what we believe the value of your claim is. We will also give you more details about our zero fee guarantee, which says that you won’t pay a dime of your own money, win or lose, if you hire us. We will get paid only if we bring you a settlement or verdict, and if we lose, we get nothing at all.
For more assistance from an attorney or to sue Postmates for sexual assault, call the Downtown LA Law Group at once.